If i had a blowout and my trucks went i to the hov lane and hit a jeep but the jeep was illegally driving in the hov lane am i still responsable to pay her for the. Damage one to her jeep

Get Legal Help Today

 Secured with SHA-256 Encryption

If i had a blowout and my trucks went i to the hov lane and hit a jeep but the jeep was illegally driving in the hov lane am i still responsable to pay her for the. Damage one to her jeep

I was driving in the lane next to the HOV lane when the
tire blew throwing me into the wall in the HOV lane bounced
off the wall hit his teeth but the woman in the Jeep
wouldn’t have been that you hit if she wasn’t in the
carpool lane when she was in illegally because it was
during the hours that only two people in a vehicle were
allowed to that lady that she was a single person in the
car

Asked on November 21, 2018 under Accident Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your insurer, not you, makes the determination of whether they have to or should (e.g. to avoid expensive litigation) pay a claimant, so ultimately, this is up to your insurer. 
Even if she was not supposed to be there, if you were negligent or careless in some way and caused the accident, you are still liable for her damage or injuries--it may be that she can and will be ticketed for her violation, but there is no legal exemption from liabilty because the person was doing something illegal. That's why jaywalkers who are the victims of hit and run can sue or will get a payment from insurance; that's why, in a famous case, a trespasser whose leg was blown off by a bobbytrap (a gun on a tripwire) a homeowner left at his house was able to sue for a great deal of money. So the issue is whether you were at fault in some way--that, not whether she could be in the HOV lane, determines whether she may be entitled to compensation.
If the tire blew out, you are probably not a fault unless it blew out because you were driving excessively fast or carelessly and hit a curb or debris and caused the blowout, or had drastically overfilled the tire.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption